# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 10557 Summary Calendar

**United States of America,** Plaintiff

— Appellee **,**

versus **Jason Carl Taylor,** Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20

- CR

- 206

- 1

Before **King, Costa,** and **Ho,** Circuit Judges

. **Per Curiam :**  * Jason Carl Taylor appeals the 96

- month, within

- guidelines sentence imposed upon his guilty plea to possession of a firearm as a felon. On appeal, he challenges the district court’s application of a sentence enhancement under U.S.S.G. § 2K2.1(b)(6)(B) , which adds four levels if a defendant

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED February 15, 2022 Lyle W. Cayce Clerk Case: 21-10557 Document: 00516203328 Page: 1 Date Filed: 02/15/2022No. 21

- 10557

2 “used or possessed any firearm or ammunition in connection with another felony offense.” The presentence report (PSR) provided that the enhancement was warranted because Taylor threatened and pointed a shotgun at another individual. Taylor argues that the PSR lacked sufficient indicia of reliability and that the district court erred by relying on the PSR at sentencing

. We review the district court’s factual finding s for clear error. United States v. Alcantar , 733 F.3d 143, 146 (5th Cir. 2013). A PSR generally bears sufficient indicia of reliability to be considered by the sentencing judge in making factual determinations. United States v. Fuentes , 775 F.3d 213, 220 (5th Cir. 2014)

. A “district cour t may properly find sufficient reliability on a [PSR] which is based on the results of a police investigation , ” including those that rely on victim interviews. United States v. Vela , 927 F.2d 197, 201 (5th Cir. 1991) ; s ee Fuentes , 775 F.3d at 220

. Howeve r, “[b]ald, conclusionary statements do not acquire the patina of reliability by mere inclusion in the PSR.” United States v. Elwood , 999 F.2d 814, 817

- 18 (5th Cir. 1993). If the PSR bears sufficient indicia of reliability, then the defendant has the bur den of showing that the PSR is inaccurate

. United States v. Zuniga , 720 F.3d 587, 59 1 (5th Cir. 2013)

. Here, t he information in the PSR was based on the victim’s initial call to police and his subsequent interview at the scene

. T he victim’s statements

were corroborated in at least three ways: Taylor and his car matched the victim’s description, the police found a shotgun in Taylor’s car, and Taylor admitted that he and the victim were in a verbal altercation. While additional corroboration from third

- party witnesses would certainly strengthen the indicia of reliability, we have “never held that corroboration is necessary in order for a factual account contained in a PSR to bear suffici ent indicia of reliability to support its consideration at sentencing.” United States v. Parkerson , 984 F.3d 1124, 1129 (5th Cir. 2021), cert. denied , 2022 WL 89280 Case: 21-10557 Document: 00516203328 Page: 2 Date Filed: 02/15/2022No. 21

- 10557

3 (U.S. Jan. 10, 2022) (No. 20

- 8345)

. Further, although no aggravated assault charges were filed, Texas “prosecutors have broad discretion in deciding which cases to prosecute.” Neal v. State , 150 S.W.3d 169, 173 (Tex. Crim. App. 2004) (en banc). Because the PSR contained sufficient indicia of reliability and Taylor failed to present any rebut tal evidence , the district court was entitled to rely on the PSR at sentencing

. See Zuniga , 720 F.3d at 59 1. Accordingly, the district court did not clearly err by applying the enhancement , see Parkerson , 984 F.3d at 1130, and the judgment of the district
court is **AFFIRMED**

. Case: 21-10557 Document: 00516203328 Page: 3 Date Filed: 02/15/2022